Vemana Bhaskara Rao vs G.V.Satyanarayana Anr
2022 Latest Caselaw 3984 AP

      THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

                               C.M.A. No.497 OF 2009
JUDGMENT:

The present Civil Miscellaneous Appeal is filed by the

injured/claimant seeking enhancement of the compensation.

2. The Commissioner appointed under Workmen's

Compensation Act, 1923-Assistant Commissioner of Labour,

Circle-I, Visakhapatnam, (for short the "Commissioner") has

granted an amount of Rs.85,226/- (Rupees eighty five thousand

two hundred and twenty six only) as compensation after

considering the evidence adduced by the appellant/claimant

herein.

3. The present appeal is filed aggrieved by the Order in W.C.

No.65 of 2003, on the ground that the wage of the

appellant/injured has not been properly taken by the

Commissioner and the Commissioner has failed to grant interest

under Section 4(A) of Workmen's Compensation Act.

4. As there is no evidence with regard to income of the

claimant/injured, by applying G.O.Ms.No.30, dated 02.07.2000,

the Commissioner has rightly awarded the compensation to the

injured. However, the Commissioner has failed to grant interest.

5. As per the judgment of the Hon'ble Apex Court, reported in

"Oriental Insurance Company Limited v. Siby George and others"1

following by judgment in "Pratap Narain Singh Deo v. Sriniwas

Sabata"2 has held that when fair compensation is not given by the

opposite party within one month from the date of accident, the

(2012) 12 SCC 540

(1976) 1 Supreme Court Cases 289

claimant/injured is entitled for interest and it shall be construed

that the amount fall due under Section 4 (A) of the Workmen

Compensation Act, as no amount has been deposited in this case

even after one month from the date of accident. As such, the

claimant is entitled for interest in view of the supra stated

judgments.

6. Relying on the afore stated judgment, the insurance

company is hereby directed to pay interest on the awarded amount

of Rs.88,737/- @ 9% per annum from the date of accident till the

date of realization of the amount. The insurance company is

hereby directed to deposit the interest amount within a period of

four (4) weeks from the date of receipt of order.

7. Accordingly, the present Civil Miscellaneous Appeal is partly

allowed. No costs.

Miscellaneous petitions pending, if any, stands closed.

_______________________________________ JUSTICE TARLADA RAJASEKHAR RAO

Date: 14-07-2022 Harin

THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO

C.M.A. No. 497 of 2009 Date: 14-07-2022

Harin